On The Role Of Civil Law

Researching into Folk Law is the key and hot spot in the research field of current legal philosophy. The rationality and confidence which China obtains gradually in the building of the legal system result in the research's appearance. Also, it signs that Chinese legality building becomes more and more mature and perfect and corrects the concept that since 1949 our legality focuses on imitation and transplant. In order to adapt to the economic reform and opening and keep pace with international legality, our legality building only pays attention to transplant without enough awareness of Chinese traditional and Folk Law's achievement and experience which mainly affects the execution of the finished legislation. Practically Folk Law, which can't be ignored in legality building, exits everywhere in our life.We can do research into Folk Law from different visions, but whatever, aim is the only one to give full play to the Folk Law, which Serves legality building at present. With the core at pursuing good interaction between Folk Law and State Law and in terms of probing into Folk Law's concept, analyzing its function in legality building and finding out the best way to play the role of Folk Law, this thesis just holds this viewpoint trying to scientifically evaluate Folk Law and find the applied value to serve our nation's legality building at best.The first part probes into Folk Law concept with the purpose of gaining overall learning for Folk Law. Scholars have many different understanding for the concept and authorized concept has not formed. Some people study the concept from the corresponding aspect of feudal official law, while others from mainland resource viewpoint of rule of law. Some insists that we can't understand Folk Law only through the reference system of State Law but from the sociology viewpoint of law. There are many scholars who suspect the Folk Law concept's rationality considering that the saying of Folk Law can't be tenable in the traditional law research and differing State Law and Folk Law is not necessary. These different angles of vision and conclusion widen our sight, which benefit to other researchers. From the different essence between Folk Law and State Law, the thesis summarizes four characteristics of Folk Law, namely autorhythmicity, living, nationality and substantial justice of which are the key to keep Folk Law vital and continual playing its role. The source of Folk Law is composed of...